displeasures of himselfe his friendes and vassalls At the same time the french king Philip le Beau had spoyled Edward the fiâ—st king of England iniuriously of the greatest parte of Guienne and also Guy the Eare of Fuaunders almost of his whole Earldome and was not deposed therefore The cause is apparant Sicily was held of the Church of Rome and so was neither Guienne nor Flaunders But although he escaped scot-free for these wronges and the long detayning in prison the Earle of Flaunders and two of his sonnes yet he was depriued of his kingdome by Pope Boniface the eight Philip the faire for imprisoning of a french Bishop that rayled at him and menaced him when he coulde not winne him to grant to goe with an Army into the holy land on the which message the Pope had sent him vnto the king as saith Platina But the french Chronicles report that the king caused him to be apprehended at home at his owne house for that he vnderstoode that he vsed often to speake very ill of him and to rayle outragiously on hm and deliuered him vnto his primate the Bishop of Tolouse to punish him with his aduise The kingdome of France was giuen vnto Albert the Emperour perhappes for a reward of his wickednesse in slaying of his soueraigne Adolph the Emperour for other punishment I doe not finde that Pope did put him vnto therefore See Munâ—ter cosâ—â—â—mog lib. 3. in Al. 2. But yet I doe not doubt but the fault was more heinous then emprisoning of a Bishop for rayling against his prince and Lord. Yea and that God did so account it he made it manifest vnto the worlde by his seuere punishment of all the conspiratours For Albert himselfe was murdered by his owne Cosen germane the Archbishop of Ments founde deade sitting in his chaire The Bishop Stasburge was slaine by a pesant at Fâ—â—â—â—nge in Brisgow The Earle of Linengen died maâ—de The Earle of Sweibrucken was drowned in a riuer The Earle of Ochsenstein had his deaths wound in the battell And the Earle Hâ—â—gerloch was slaine on the way by Otho the Duke of Danao But to proceede Lewes th 12 of France was excommunicated denounced a scismatike and his kingdome and goods exposer for a common spoyle to all Christians and the like penalty pronounced on all them that did or should take his part or ayde him Lewes the twelfih And therefore Iohn the king of Nauarre lost his kingdome for procuring of a generall counsell to be called and held without the consent of the Pope against the Pope that there his infestious foe Iulâ—us the second might be deposed an other more frendly placed in his roome And doth not this altogether smell of priuate reuenge and not of charity But perhaps you will say it was a foule part of him that would be called the most Christian king to sow sedition and scisme throughout all Christendome for his owne priuate quarrell and that this doing of his was so ill thought of by most of the pri◠〈…〉 of Christendome that they entred therefore into league against him and had almost set him besides his saddle In truth I can neyther prayse the practise nor the pollicie of the French who sought to represse the iniurious attemptes of the Pope against him rather by colour of lawe to the disturbance of all Christendome then by armes and inuading the Popes territories as Philippe the moderne king of Spayne wisely did in the like case and fondely thought it lesse enuyous Anno Domini 556. and more agreeable vnto his surname of the most Christian king which his ancestâ—rs had purchasesed by defending the Popes and Peters patrimony with armes to rayse vp a scisme then to force the Pope to frindship by materiall force But that the Pope compelled him to this outrage all writers doe confesse For first contrary to the league made at Cambray betweene him the Emperour the French king the king Spaine and the Duke of Ferara against the Venetians who had encroched vpon theÌ„ all he hauing gotten all that he claimed â—ee Iouius â—n vita Alâ—hons â—â—uiciardiâ—â—o not onely made peace with the Venetians without the consent of his confederates but also excoÌ„municated and with armes enuaded the fast friend of the French the Duke of Ferara because that he not hauing yet recouered all his right of them would not cease to molest the Venetians And also he left no stone vnturned to turne the French out of Milan an Genna the which he at the length brought to passe And was not he then the author of all his tragedie Moreouer this Popes brothers sonne Duke of Vrbine cruelly murdered of emulation Alidosius a Bishop a Cardinall See Iouius â—n vit Alphons Guic. Boleslaw and Legate of Bologna almost in the Popes sight and was put to no penance therefore But Boleslaw the hardie king of Poland was depriued by Pope Gregorie the seuenth of his kingdome and also the country of the honour to haue a king in the which dishonour it continued 200 yeares fâ—â—â—â—ying with his owne hande in his fury Stanislaw the Bishop of Craccow for excommunicating him yea and interdicting the whole Citie of Craccow to make him the more odious because he openly kept another mans wife and for adultery a thing which as it should seeme by Cromerus as common in Poland in those daies as the cart way Yea those noble women that were honest were forced to forsake there owne howses See Cromerus hist Pola lib. 4. for feare of force and rauishment yea and it was common in Italy and passed vnpunished in meaner men then princes But yet in verie trueth the kinges fact was verie foule and made worse by the furie of his fellowes that chopped in peeces the slayne corpes and cast it to the crowes And yet perhaps Dauid did almost all ill in defiling of a noble mans bed while he was in his seruice in the fielde and afterward commaunding him to be murdered for his amendes but so dealt not Bolislawe with Stanislaw and if the qualities of the persons be not equall then the manner of the doing doth ouermatch the one being done without any prouocation and of aduised malice the other vppon a greate ignominy vnwonted with kinges offered him and vpon a sodaine while his blood was hotte which seauen yeares continuall absence from his countrie in forraine warres a little before had ouerheated And yet Dauid lost not his Kingdome therefore Neither doe we reade of any realme interdicted for murdering of their Kinges whereof we haue almost infinite examples or any man deposed for intruding into them by such wickednesse vnlesse perhappes the murdered Prince were the Popes vassall Soe that this zeale in seuere punishing of princes for misusing them of the clergy I feare me may be imputed rather to a partiall fauour towardes them of their owne coate and done for their owne securitie then for zeale of Iustice Like as our Sargeants at
counsell and of my will see that you doe giue all men entrance into the Church that are desirous to come in for if I shall vnderstande that any man that desireth to be made partaker of the Church shall eyther be let by you or forbidden to enter in I will immediately sende one of mine that by my commaundement shall remooue you from your Sea and giue your place vnto another Note that hee saieth I will sende not the Bishoppe of Rome his officer but one of mine owne men who shall displace you and place another therein not by commaundement of the counsell or Bishoppe of Rome but by my commaundement The like also writes Socrates he threatned vnto Alexander the Bishoppe of Constantinople if he woulde not receiue Arrius into the Church But you will say that the Emperour iniuried both Athanasius and Alexander I denie not that but although Theodoretus doth blame his ouermuch light credulitie and doth excuse it by the like in Dauid against Miphiboseth yet doth neyther hee nor any other ancient author accuse him of tyranny for medling with matters that he had nothing to do withall or punishing of them ouer whom he had no lawfull iurisdiction and also doth refute that you affirme that Constantine refused to iudge Bishoppes Nowe to returne againe to the history the same Socrates doth say that when the Arrians had accused Athanasius Macarius and other of their complices vnto the Emperour of foule factes Constantine wrote vnto his sisters sonne Dâ—linatius who was then abiding at Antioch 500 miles from Alexandria to call the parties before him and to punish them that he shoulde finde faultie But afterwarde because the Bishoppes were assembled at Tyrus about the dedication of his newe Church at Hierusalem he referred ouer the hearing of those matters vnto them So that at the first he had committed both the triall and the punishment of the greatest Bishoppe of all the East Church vnto a temporall officer of his the which fact and the other which I haue before rehearsed doe plainly proue that Constantine did not account nor acknowledge his Empyre or him selfe empaired or of lesse commaund by accepting of the Christian religion but that he still executed his princely prerogatiue on all persons both spirituall temporall and still clamed to be the minister immediate of God not any vnder officer of the Bishops of Rome Gods vicar on earth rightly to for as Paul saith 1. Tim. 6. Let all bondmen whatsoeuer they be that be vnder yoke repute their lords worthy of al honor lest the name of the lord his doctrine be blasphemed but they which haue beleeuing Lords let them not coÌ„temne them because they bee their brethren but rather serue them because they bee beleeuers and belooued who are pertakers of the benefite Teach these thinges and exhort them If any man teach otherwise and doth not yeeld vnto the â—ound speaches of our Lord Iesus Christ and that doctrine which is agreeable to godlinesse is proud knoweth nothing is mindesicke of questions quarrelles about wordes So also might it haue been saide Ye Popes Byshoppes account your princes worthie of all honour least the name and doctrine of Christ be euill spoken of but ye Byshoppes that haue Christian Kinges contemne them not because they be Christians but be the more obedient and dutifull vnto them because they haue embraced Chrst and are pertakers of his benefit This teach and exhorte but whosoeuer teacheth otherwise teacheth contrary doctrine to Christ is a proude prelate and quite voide of knowledge And as Peter writeth 1 Epistle 3. Ye bondmen bee subiect in all feare vnto your Lordes not onely vnto them that are good and moderate but also vnto them that are waywarde and vnreasonable for this is grace or worthie of fauour if a man doe beare sorrowes for conscience of GOD suffering vniustly So also might it haue beene rightly saide vnto the Popes and Byshoppes in Constantines time and now also be ye subiecte in all feare vnto your Princes not onely vnto such as are good and gratious but also vnto vngodly and tyrannicall neyther release your selues of your alleagence for if yee doe take and beare wrong quietly for regarde of GOD God will abundadtly rewarde your patience for the consequent is very strong and good seeing the thinges are all together alike and equall for if the Christian bondmen were not enfranchised because they were spirituall brothers vnto their Lordes neyther were the Popes and Byshoppes discharged of subiection vnto their Princes because they were become their spirituall bretheren and if you will to their spirituall fathers But they say with Phiglâ—ius that Christ coÌ„mitted the gouernement of his Church vnto Peter What prince Peter was and his successors and therefore all Kinges that are of the Church are subiect vnto the Byshoppes of Rome And if we grant this can there bee ought else inferred then subiection in causes and censures ecclesiasticall and not in causes and punishmentes secular and temporall for what fonde Frenchman will say that because in olde time the Kinges of England were vassals vnto the French Kinges for the Duchies of Normandy and Guien that therefore the crowne of Englande was subiect vnto the Kinges of France or that they coulde commande the Kinges of England in any matter touching their crowne of England or because the Byshoppes Chanceller can excommunicate a man for adultery that therefore he can also depriue a man of life and liuing Mat. 20 for a greater fault Moreouer did not Christ plainelye enough declare what kinde of Kingdome he gaue to Peter and the rest of the Apostles and how vnkingely kinges they shoulde bee when they contended among themselues who should be greatest The kinges of nations saide he be Lordes ouer those countries and their princer haue power ouer them but so it is not in you doth he not here in plaine wordes take from them all earthlye and bodily Empire and power and that too from the greatest of them So that the Pope that claimeth to bee greatest and chiefest is also hereby excluded neyther will a shifte of humilitie serue to escape seeing that to depose Princes is to raigne ouer nations is to be their Lord is to haue power ouer them all which thinges Christ saith the greatest of his Apostles his successors should not haue nor consequently authoritie to release all subiectes of their allegiance the which is a supreeme point of Earthly Empire the which neuer any mortall man yet had and onely belongeth vnto the great God the supreeme Lord and soueraigne of the whole world for neuer yet was there any so mightie a monarch that had all the world vnder his Empire neither then could his authoritie extend ouer all nations but his power determined within the bonds of his owne Empire could not stretch beyonde his owne vassals among whom only he might decree in what cases their seignories should be forfeated and their bondmen be enfranchised of
A COVRTEOVS CONFERENCE with the English Catholickes Romane about the six Articles ministred vnto the Seminarie priestes wherein it is apparantly proued by their owne diuinitie and the principles of their owne religion that the Pope cannot depose her Maiestie or release her subiectes of their alleageance vnto her And finally that the Bull of Pius Quintus pronounced against her Maiestie is of no force eyther in lawe or conscience all Catholicke scruples to the contrarie beeing throughly and perfectly cleared and resolued and many memoriall matters exactly discussed which haue not beene handled by any man heeretofore Written by Iohn Bishop a recusant papist DEVS IMPERAT ASTRIS R D LONDON Imprinted for Robert Dexter dwelling in Paules Church-yard at the signe of the Brasen Serpent 1598. The Six propositions handled in this Booke â—at the Pope and all the Bishoppes and priestes are subiect by the we of God vnto the temperall magistrate in whose Realme and Dominions they doe dwell 2 That they cannot depriue Christian princes of their principalities â— That the Pope cannot loose subiectes of their natural faith and obedâ—ence vnto their prince 4 That it is no determination of faith that the Pope may depose princes 5 That the Canon made at the counsell of Laterane touching the deposing of princes the which hath bredde the greatest scruple in the consciences of our Catholickes Romane neither is nor euer was 〈◊〉 â—â—â—â—e within this land â— That the sentence pronounced against her Maiestie was neither lawfully nor orderly done according vnto the Laterane Canon The Preface to the Reader THIS Booke Christian Reader was written by one Iohn Bishop a recusant papist what sufficient reason there is notwithstanding to commit it to the presse and from thence to the open veiw of all men in the diligent perusing consideration therof thou maist plainely perceiue and vnderstand It is a booke which in the iudgement of many godly and learned men is very necessary to come abroad neither hath anie obiection bene made against the publishing of the same but onely this that it is to be feared it will be a meanes to bring the papistes into more fauour as discouering them to be nothing such dangerous enemies to the state as of the greatest part they are reputed but surely I see no cause to stand in feare of any such effect but rather to rest fully resolued vpon the contrarie that for asmuch as howsoeuer some one of them being astonished with the light of Gods trueth and looking backe to the former times sheweth himself nothing so absurd as other yet seeing the professed doctrine of their Church is otherwise and the continuall practise of the Pope all his adherentes is directly to the contrarie by murders treasons and rebellions and by the inuasions open force of cruell enemies seeking the vtter destruction of the Queenes most excellent Maiestie whom God manie yeares yet preserue and of all others that professe in trueth the glorious Gospell of Iesus Christ accounting the Popes Bulles a sufficient warrant for the ouerturning of Gods ordinances and his pardons a strong bulwarke against the wrath of God against hell condemnation These things I say considered I see no reason to feare anie encrease of their fauour and credit by this meanes but rather to hope as there is iust cause to desire the encrease of their discredit and more straiter lawes for the restraining of them The magistrate hath had too much experience that howsoeuer the iudgements of some of the best learned among the papistes may peraduenture agree with the author of this booke yet the profession practise of them all both learned vnlearned is farre otherwise as by open and outragious attempts there wants no good will in them to testifie more plainely vnto the whole worlde if the day were once come they haue so long looked for if they saw any likelihood of preuailing but as the Lord for Sions sake hath hitherto defeyted their purposes returned their mischieuous imaginations to their owne cunfusion so I nothing doubt but he will continue for vs a brasen wall of defence from time to time heereafter euen vntill the second comming of his sonne in the cloudes Whether the author would himselfe haue published this booke it is vncertaine that at the writing hereof he was so determined it is very probable by that part of his preface which is come to our hands where he beginneth thus WheÌ„ I saw two or three years past many seminary priests that which next ensued after these words was rent off and caÌ„not be found but on the other side of the paper it followeth thus And whiles I following Horace his counsaile noÌ„nunquaÌ„ premitur in annuÌ„ did let this treatise lie by me in seasoning that it might at length passe abroad perfect fully refuting all obiections of moment which old shops had shapened or new forges had framed c. By this I say it appeareth that at the time of the writing therof he was fully determined to imprint this booke but afterwards it should see me his mind was altred perswading himselfe that the publishing would greatly tend to the offence disquieting of his Catholick brethreÌ„ For how is it possible that they should take it patieÌ„tly to see one of their owne professioÌ„ so eagerly fight against theÌ„ put theÌ„ to the foile with their owne weapons by the exprsse testimony also of the holy scriptures by so many approued authorities examples discouering to the world the tyranny the malicious the proud arrogant practises of their holy father Surely so far would they haue bene from taking it in good part at his hand whiles he was aliue that I am fully perswaded they neither can nor will with hold their tongues froÌ„ exclaiming against him now he is dead either accounting him to be an Apostata or els making themselues belâ—ue that this worke is falsey fathered vpon him But to put them out of doubt both of the one the other That he was no backslider froÌ„ their religioÌ„ but vnto his dying day continued a recusant papist it is so wel knowen at Battel in Sussex where he was borne often coÌ„uersant at London where he spent a great part of his time as also in all the country neare vnto Battel as that there nedeth not any further testimony And that he was in very truth the author of this booke of euery part therof is manifestly to be proued by his owne hand writing so well knowen at Battel in the cuntry therabouts also of many in London as that there is no neede to feare the clearing also of this scruple Let any maÌ„ that knoweth his hand is desirous to be resolued of the trueth repaire to Northhiham in Sussex at the house of George Bishop brother to the deceased author he shal at his pleasure haue a sight of the same To conclude this also wisely diligently is the reader to vnderstand that
the superexcellent powers not only for wrath but also for conscience as we that are bounde to payment of tribute Neyther let vs so behaue our selues that we for our wickednes and lewde factes doe deadly hate the lawe and looke for the reuenging sword but rather so leade our liues that we may get praise of the power and magistrate And then after he hath very eloquently shewed by many similitudes that they ought not to blame the harmlesse of the sword but to impute the smart thereof vnto their owne faultinesse he leaueth as he saith the subiectes and turneth his speach vnto the Emperour and the gouernours for ye must vnderstand that this oration was pronounced in the presence of the people of Nazanse trembling for feare of the Emperours great displeasure and also of the angry Emperour and his officers least he should be thought these are his words to deale altogether partially eyther not seeming to haue the like care ouer them to whome he ought more hoofully to looke vnto as they that could do most either harme or good as he had of the other inferiour sorte or else to haue lost through feare or shame the freedom that he had from Christ not daring to admonish them of their duetie because of their great dignity and power And then he vseth the words alleadged by our aduersaries what wil ye not be coÌ„tent c. But I doe not doubt but your maiestie wiâ—l take this my free speaking in good part as a holy sheepe of my holy flocke and a weaneling of the great sheepeheard And then he vseth very effectuall reasons to moue him to mercy and finally falleth to pitifull obtestations by his owne hoary head his immaculate priesthood which the Angels c. by Christ his bitter passion c. in most suppliant sort without any one word that any whit sauoureth or soundeth of authority power or commaund wisely and godly teaching the subiectes duetifull obedience and the Emperour and his officers mercy and moderation in gouernment Furthermore the better to boult out the trueth in the controuersy I thinke it will not be amisse to search out whether in the old lawe the high priest who was a type and figure of Christ and head of all the priestes and had the supreme ministration of the mysteries of God The high priest subiect to the temporall magistrate and in whose name of Pontifex the Bishop of Rome hath succeeded was subiect vnto the ciuill magistrate or noe And that he was is plainely proued in the 2. Cap. of 3. Kings where Salomon deposeth Abiather the high priest of his office and confirmeth him into Anathotb because he had gone about to make Adoniah King and also told him that he had deserued to die but he would not put him to death because he had borne the Arke of the Lord God before his father Dauid and had beene a continuall partaker of all his fathers troubles Then if Salomon might lawfully execute the high priest for treason there is no doubt but that the high priestes were subiect vnto the kinges as vnto their soueraignes But although I will passe ouer in silence the putting to death of the high priest Achimelech and Azarias by Saul and Ioas because they will cauill they were tyrannicall yer I will stay a little vpon the suppliant speach of Achimelech because it argueth subiection in the speaker Saul vpon the occasion of Doeg sent for Achimelech the sonne of Achitob 1. Reg. 22. 19. Cap. all the hole howse of his father being priestes which were in Nob who came euery man vnto the king and Saul saide Listen thou sonne of Achitob who answered I am heere my Lord. And Saul saide why hast thou and the sonne of Ishai conspired against me and hast giuen him being a traitour and so continuing to this day bread and a sword and hast asked counsaile of God for him that he might rise vp against me And Achimelech answering the king thus spake Let this crime be farre from me neyther let the king suspect any such thing against his bondman nor of any man of the whole howse of my father For thy bondman knew neither lesse nor much of this matter c. Doth there not appeare in these wordes almost a seruile subiection of the high priestes vnto the king for by what baser terme can he call himselfe then his bondman or by what higher and more soueraigne name could he speake vnto the king then calling him his Lord a word that doth signifie the prince to haue his subiectes in such seruilitie that Octauian the Emperour that did accept the names of Augustus or diuine of father of his country c. to haue his name sworne by and his images sacrificed vnto as a God 19 Cap. 2. Crome Yet wold neuer admit as Suetonius and Dion doe affirme the title of Lord but abhorred it as reprochfull although now time and custome haue mollified the worde But that the high priest had nothing to din matters of state we haue it set downe in flat wordes in the 19. of the second Paralip or the Chronicles where this we doe reade But Amarias the priest and your high priest shall be president or chiefe in those thinges which doe appertaine to God but Zebadias the sonne of Ishmaell who is captaine of the house of Iuda shall be ouer those workes which doe belong vnto the king But now that we haue sufficiently proued the subiection of the high priest of the Iewes let vs come to Christ himselfe by pretence of being whose vicar and deputie in earth the Pope claimeth this prowde prerogatiue of pearching ouer princes Christ no earthlie kiâ—g and discusse whether that he as Christ and Messias for I thinke the Pope doth not chalenge to be Gods but Christes vicar was an earthly Monarch or noe that he was none it is apparantly prooued by his refusing to giue iudgement on a woman accused of adulterie Iohn 8. and also by denying himseâ—fe to bee a competent iudge betweene two brothers that contended about an inheritance And finally in that he confessed vnto Pilate in expresse words that his kingdome was not of this world Iohn 18. As for the paying of foure drachmes for himselfe Peter at Capernaum I thinke with Theophylactus and some other that it was for the halfe sycle which is two drachmes due vnto the Lord for euerie man that was twentie yeares of age as we reade in Exodus rather then for tribute due to the Emperour because mee thinketh it doth better agree with Christes interrogation to Peter what thinkest thou Peter of whome doe the kinges of the earth take tribute of their owne children or of strangers and he sayde of strangers Iesus sayde vnto him then are the children free As though he shoulde haue sayde This expositiâ—n is vtterly repugnant to the meaning and purpose of Christ as the godly reader doth well vnderstaÌ„d If Kinges children doe not pay tribute to their fathers
any mortall man be soe audacious to pull him out of it And if that no man can excommunicate the Pope because no man is his superiour neyther can any man depose a king because no man is his superiour But the obiection out of Ruffinus his contimation of Eusebius that Constantine the great said vnto the Bishoppes assembled in the counsell of Nice A Place of Ruffinus answered God hath constituted you priestes and hath giuen you power to iudge also of vs and therefore iustly are we iudged by you But what is the vttermost that can be inferred of these wordes then a spirituall iudgement for seeing he maketh them iudges because they are priestes and not princes how can it import any secular power for the name of priest signifieth a man seperat from secular matters and wholly dedicated to heauenly and diuine So that to say that Bishoppes in that they are priestes are iudges ouer Kinges and Emperours in matters touching their crowne and dignitie is or absurde as if a man should say the Apostles had power to remitte and retaine sinnes because they were fishermen But as the Bishoppes shewed themselues farre from claiming any such authoritie by exhibiting vp vnto him as their soueraigne and chiefe iudge billes of complaint one against another So also did Constantine continually practise among them and vpon them his Empyre and soueraigntie So at the counsell at Nice when the definition of faith was presented vnto him by the counsell not the counsell but he did set downe the teÌ„porall punishment to the infringers thereof he protesting that he would banish all men that would not obey and embrace it And so immediatly after he banished Arrius and certaine Bishoppes that refused to subscribe And afterward as we reade in Socrates he made an edict that all bookes of Arrius his doctrine should be burned and who soeuer did conceale any and not bring them forth to the fire should die therefore we also finde in Theodoretus that he banished Eusebius the Bishop of Nicomedia and Thâ—â—gonus the Bishop of Nice because they sought to peruert to the Arianisme certaine Alexandrines and that he wrote thus to the Citizens of Nicomedia If there shall be founde any among you that shall audaciously praise and commend these pestilent Bishoppes their combes shall be soone cut by the execution of the minister of God that is by me So that the office of beeing Gods minister he kept still after he became a Chrstian neyther was it fallen vnto the Church by his embracing of the faith as Pighius saith And although he refused at the beginning of the counsell to heare and determine the accusations that the Bishoppes did put vp vnto him one against another of humility and pollicie because he would not haue that time vnprofitablie spent about priuate quarels which had beene appoynted for the common cause of Christ and his Church and therefore burnt all their billes of complaint yet that he dealt with the correction and punishment of Bishoppes it is apparant by that which I haue alreadie alledged and is made much more manifest by that Theodoretus writeth how the Arrians of Aegypt suborned by money certaine fellowes because if they had done it themselues it would haue smelt to accuse Athanasius vnto Constantine that he had set certaine impositions in Aegypt and giuen the money thereof to one for to raise a commotion in the country whereupon the Emperour sent for him to appeare before him at Constantinople a long iourney for the chiefe patriarch of the East whither he came and cleared himselfe so substantially that saies Tbeodoretus he recouered againe his Church allotted vnto him by God which is as much to say if he could not haue satisfied the Emperour he had lost his Bishoppricke After this his enemies accused him againe vnto Emperour of many greate crimes who thereupon following the honorable custome of this land that all men are tried by their peeres commaunded the Bishoppes of those countries to assemble together in counsell at Cesaria in Syria to heare the matter of Athanasius whither when Athanasius came not because he thought that seeing most that were assembled were his enemies he should finde no iustice there then they hauing gotten more pretences of slaunder accused him vnto the Emperour of audaciousnesse and tyranny See how it was accounted for an audacious part and rebellious for a patriarke not to appeare where the Emperour had commaunded him Neyther did there hope deceiue them for then the Emperour being exasperated did in letters vnto Athanasius both declare his displeasure and also commanded him to appeare at Tyrus for there should be held a counsell of Bishops Socrates reports that he threatned Athanasius that if he would not goe of himselfe he should be fet by force He also wrote vnto the counsell at Tiruâ— in which letters Theodoretus hath these wordes I haue sent vnto you Dionysius one that hath beene consul for to be president of the assembly that if any man which I thinke will not happen now all little regarding you commaundement shall not be there that there may be one hence from vs that by emperiall commaundement may banish him and teach him marke well these wordes that he must not disobey the order that the king hath appointed for the trying of a trueth But when Athanasius who singularly well acquitted himselfe coulde yet obtaine no iustice there secretly fled vnto the Emperour to Constantinople and put vp an appeale vnto him Constantine thereupon commaunded all the Bishoppes of the counsell to appeare before him at Constantinople with all speede the tenor of the mandate Socrotes setteth downe thus That all ye that held the counsell at Tyrus to immediately hasten to appeare before vs for to shew by deed the sinceritie and vprightnesse of your iudgement before me that is to wit him whome not ye your selues shall deny to be the propper minister of God From what power came this commaundement to a counsell to appare before the Emperour and to render a reason vnto him of their iudgement as vnto the chiefe minister and officer of God But to proceede with our historie when the Bishoppes were come to Constantinople they for feare of assured conuiction gaue ouer their olde slaunders and charged Athanasius with a newe lie that he should say vnto foure Bishoppes that he woulde let the comming of corne from Alexandria vnto Constantinople the which the Emperour ouer lightly beleeuing banished Athanasius into Trier in Germany where was now the Pope to depose the Emperour for banishing wrongfully the greatest Patriarch of the East this was worse then the emprisoning of the Bishop of Apamea by the french king for giuing him ill languages But to returne to our matter Socrates doth write that Athanasius his first troubles beganne because he woulde not receiue into the Church Arrius whome the Emperour did nowe take for a penitent and honest man whereuppon hee thus wrote vnto Athanasius Seeing that you doe nowe vnderstande the tenor of the
of the people and their Alies After he was created earle by the Pope and counsell and inuested therein by the French King and al the whole country had embraced him for their prince he cruelly coÌ„manded the citizens of Carcassane Towlose Narbon to dismantell their walles to fill vp their ditches This to doe saith Paulus Aemilius mine author also in the rest of this history they thought to be a wretched â—e pitifull thing yet they executed his coÌ„mandement cursing the head of Simon they begin with their owne hands to make their country naked of hir wals they theÌ„selues making theÌ„selues subiect vnto all iniury Nether did that seme to be the greatest of their euils for Simon both because his purse was well emptied through the charges of the warres and also then he might throughly â—ame them being afflicted with miseries and manyfould mischiefes sendeth about collectors and coactors to leuie a mightie masse of money of the country It is strange that nature hath so ordained that euery mans priuate damages doe moue him more then the publicke sorrowe neyther can their be any sharper weapon found then that of money They which at his commandement ouerthrew their country could not endure the losse of their purse So that the warre that was saide pâ—â—â—â—ched to haue bene taken in hand kept for godes cause and might haue bene ended by sparing of them that had yeldeâ— and by desseÌ„bling of things past was made now more hard to be ended through vnmercifull dealing Dores were broken open distresses were taken sighing shriking sorrowing weping wailing of men women were harde in euery house At length sorrow being turned into anger the olde Earle being then in hope of alteration had returned out of Spaine whither he fled after his discomfiture in battell was receiued of the Cyty of Tolouse and other Cyties there aboutes the byshoppes whom Simon had restored were driuen out againe because the multitude thought them to fauour him Then Aemilius seemeth to exclame against the wickednesse of this Canon in giuing principalities to strangers and sheweth how hurtfull it is to gods cause for the aduancement whereof it is supposed to be made thus saying Nihil in sacris bellis perinde obfuit atque mos iam exortus vt honesta proscriptione suas quisque respiciat res in ore omnium sanctuÌ„ piumque versetur consilio conatu animo secus afficiantur Sâ— de religione tantum agaetur si obliuio noxae sanciatur si sanatis mentibus fortunis hominum abstineatur omnes idem sentiant nuÌ„c de mortalium iure de comitatures est ea controuersia tollatur nulla erit armorum causa c. Nothing hath done so much hurt in the sacred warres as a custome that is now come vp that euery man doth by honest prescription regard and respect his owne that in all their mouthes is hearde holy and godly but in drift doings and in hearte they are otherwise affected If the matter be onely for religion if it be decreed that the fault be forgotten and forgiuen if when mens harts are healed their goodes be abstained from let them be all of one minde Now the matter in hande is about the right of men and about an Earledome let that controuersy be taken away and there is no cause of warres Ramond requesteth his auncient patrimony Simon holdeth fast that which he hath gotten by Armes the gifte of the counsell the benefite of the king of France These men are â—â—â—deâ—ill onely of there owne But the Pope because the matter had once before beene adiudged doth thinke it to stande with his constancie and with religion to haue the ordinances of their fathers to abide stable and his owne decrees inuiolable c. Thus the wise Barrons saw and wee also may that the warres in the Earledome of Towlose had ceased when the cause ceased that is when the Albigenses were expelled and the Catholickes Romaine restored if it had not bene for this decree of the Counsell that had adiudged the Earledome vnto Monssort which now seeing they were not contented with the reformation of the Earledome and the Earle continued manie yeares after almost to the vtter destruction of the Country and also the death of Simon who eight yeares after was in that quarrell slaine at the seige of Tolowse But there sonnes Almericke and Ramond continued theyr fathers contention When Almericke findeing himselfe to weake did three yeares after make ouer his right vnto Lewis the eight the French King for to bee created Constable of France Lewes wanne Aninion by assault yet dyed before hee could accomplish his conquest and his widdowe and regent of his young sonne followed the quarrell and at length ended it by composition that Alphonse hir younger sonne should marry with the sole doughter and heyre of the Earle and enioy his earledome after his disease this happened Anno 1235 nyneteene yeares after that all warres for religion had ended Soe greate a good had the first execution of this Canon wrought I haue dwelt the longer in the narration of this history for to shew the inconuenience of this Canon and also to set before the eyes of my Catholicke Countrimen what curtsie they and theirs are like to finde at the handes of a forreyne Catholike Prince if any should vnhappely which God of his vnmeasurable mercy forbidde and my hande shaketh to write through their wicked and pernicious treason obtaine the conquest of this kingdome But the english nobilitie that liued at the counsell at Latarane could not forget the wretched wracke and wast that a conquest bringeth and the slauery misery and the extremity and cursed calamities that the accepting of a forreine prince inferreth and enforceth who then kept wofull warres receiued from their auncesters by many discents for their auncient lawes and liberties of whom they had beene cruelly spoyled by the conqerour his successors and also deliuered them vnto their posteritys almost to the destruction of the bloud Royall well neere to the vtter ruine of their owne howses and the lamentable shipwracke of their deare country Yea and what regard the nobilitie and people of this Land had then of any decree and Canon made by the Pope touching any temporall matter it doth planely appeare by Mathew of Paris who writeth that when the Pope had sent Bulles of discharge of the Kinges oth and graunt of their auncient lawes and liberties and also excommunication against the Barrons and their adherents that did atteÌ„pt to force King Iohn to the performance of them The Barons would not obey them but all men generally and as it were with one mouth saide that the Bulles were of no moment because the ordering of laye matters did not appertaine vnto the Pope For that onely the power to dispose of Church matters was giuen by our Lord vnto Peter and his successors What meanes the insatiable couetousnesse of the Romaines to stretch out it selfe vnto vs what haue Apostolicke Byshoppes to doe with warres